Massachusetts railroad company pays $2.9 million EPA cleanup costs

The EPA recovers $2.9 million plus interest from American Premier Underwriters (APU) for cleanup costs at Morses Pond Culvert Site in Wellesley. United States government lawyers reached a settlement agreement over litigation involving the former Boston and Albany Railroad company now under APU.

Massachusetts government lawyers settled a lawsuit involving contaminated soil of a railroad embankment and a lower lying dump site.

Boston, MA–Lawyers for the United States government reached a legal agreement in a lawsuit filed by U.S. Attorneys for the District of Massachusetts involving the removal and clean up of over 3,000 tons of chromium contaminated soil and sediment by the U.S. Environmental Protection Agency (EPA) The litigation was filed by government lawyers after it was discovered the former Boston and Albany Railroad, who owned the site which includes a steeply sloped 35-foot high, railroad embankment, had over 3,000 tons of toxic chromium dumped on the land in question. The earthen railroad embankment passes over a Culver connecting the Morses Pond to Paintshop Pond, an adjoining residential property, according to a press release on July 27, 2009 by the EPA.

The Superfund and Brownsfield News Release service for the New England Regional Office of the EPA reported the settlement agreement with American Premier Underwriters, Inc. (APU) who acquired Boston and Albany Railroad through various corporate mergers. Legal documents filed with the court reveals the former Massachusetts railroad company owned the site at the time of the disposal of the chromium contaminated material. The $2.9 million plus interest payment by APU will help reimburse the EPA for a portion of the toxic chromium cleanup at the site. The lawsuit filed by U.S. Attorneys in 2005 also named the Massachusetts Bay Transportation Authority (MBTA), who is the current owner of a portion of the property and the railroad line that passes through the site. The MBTA operates commuter trains along the railroad lines at the named dump site and reached a settlement agreement in 2005.

Legal news reporter, Heather L. Ryan for Massachusetts social responsibility news and government lawyers.

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